Section 304 requires a facility to provide a notification of any release of an Extremely Hazardous Substance (EHS) or a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) hazardous substance in an amount equal to or greater than the reportable quantity (RQ) to the appropriate authorities.

Regulation: [40 CFR, Parts 355, Section 40]

Currently, the reportable chemicals or substances include about 800 specifically-designated and listed CERCLA hazardous substances; about 1,500 radionuclides listed as hazardous air pollutants under the Clean Air Act Sect. 112 are CERCLA HS; reaction products; petroleum products; mixture/trade-name products; hazardous waste; mining/mineral extraction waste; and naturally-occurring substances.

Exemptions

5 categories of chemicals are exempt from reporting:

1. Any food, food/color additive, drug, or cosmetic regulated by FDA;
2. Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use;
3. Substances used for personal, family, or household purposes or is present in form & conc. as used by the general public;
4. Substances used in research laboratory, hospital, or med. facility under the supervision of qualified individual; and
5. Substances used in routine agricultural operations or fertilizer held for retail sales.

Notification exemptions:

1. Releases which result in exposure solely on-site;
2. Federally permitted releases;
3. Continuous releases;
4. Releases of certain pesticide products under FIFRA;
5. CERCLA exempt releases - Sect 101(22);
6. Radionuclides - naturally-occurring or related to coal handling at utility and industrial facilities;
7. Solid metals; and
8. Facilities that handle no hazardous chemicals.

Notification Mechanism

Details on release notification

Provide immediate notification to:

1. For EHS only - the local fire dept., LEPC, and Virginia Emergency Response Council (VERC) c/o Virginia Department of Emergency Management (VDEM).
2. For CERCLA materials - the above authorities plus the National Response Center (NRC) - operated by the National Guard.

Release notification contact information

Content of initial notification:

1. Chemical identification/name and if it is an EHS;
2. Estimated quantity of release;
3. Time and duration of release;
4. Medium/media into which release occurred;
5. Known/anticipated acute or chronic health risk and advise on medical attention necessary for exposed individuals;
6. Proper precaution/evacuation to take; and
7. Name and telephone # of person(s) to be contacted for more information.

Written follow-up notification (as soon as practical) to the Local Emergency Planning Committee (LEPC) and Virginia Emergency Response Council (VERC) c/o Virginia DEQ SARA Title III Program:

1. Name of the organization and person contacted during initial notification - including time of notification;
2. Update of initial information;
3. Actions taken to respond to and contain the release;
4. Any known/anticipated acute or chronic health risk associated with the release; and
5. Advise regarding medical attention necessary for exposed individuals.

Release notification contact information